[In addition, in cases involving caste-based
discrimination and violence, the power relationship is
distorted in favour of the perpetrators and the complainants
routinely face harassment, threats and attacks to force them
to drop their complaints. It is the state responsibility to
balance this power relationship by protecting the victims
when they face threats to ensure that the justice process
can follow its due course. If the police lack reactivity to
the threats uttered against the victims, they may result in
further attacks and prevent the victims from getting
justice. Cases of caste-based violence in which the victims
are threatened or attacked into withdrawing their complaints
are routine in Nepal and it is the state duty to ensure this
does not happen in this case.]
The Asian Human Rights Commission (AHRC) has
received information from the Feminist Dalit Organization
(FEDO) a human rights group working for the rights of Dalit
women and the Dalit National Federation (DNF), regarding the
caste-based murder of Mr. Sete Damai and the violence and
threats his family has been receiving since Sete's son,
Santa, married a girl from a so-called upper-caste family,
Raj Kumari, on August 13, 2011. On August 30, 2011, a group
of masked men visited Sete's family to attack them, stabbed
Sete's chest with a curved knife and beat his other family
members randomly. On the following day, Sete succumbed to
his injuries. Since then, the family members are under
constant threat to their lives. On 14 February 2012 Sete's
eldest son and Santa's brother, Nara Bahadur Damai were
ambushed and beaten up by five masked men who threatened to
kill him with a knife saying that he would face the same
fate as his father if he reported the incident to the
police.
On September 1, 2011 Santa Bahadur registered
the case at District Police Office, Dailekh under Article 13
(3) of Civil Code (Muluki Ain, 2020) of Nepal, 1963. The
police arrested and put nine of the suspects in the custody
of the District Police Office, Dailekh for further
investigation. Four have been released and five of them have
been sent to jail pending trial. On 14 February 2012 a gang
of masked men attacked Sete's eldest son Nara Bahadur Damai,
beat him up and threatened to kill him if he reported the
incident to the police. The victim's family members are
still facing threats to their life. Therefore, it is of the
utmost importance to guarantee the physical safety of the
late Sete's family, the protection of witnesses and
guarantee a fair trial and justice to the victims of caste
based discrimination.
Mr. Santa Bahadur Damai, 22, the youngest son of Sete
Damai residing in Toli Village Development Committee (VDC),
Ward No-2, Dhanighau, Dailekh district, had been in love
with 22 year old Raj Kumari Shahi belonging to a so-called
upper caste family for the past two years. They are from the
same village. When Raj Kumari's family came to know about
their love affair, both were under pressure not to continue
their relationship. On 18 May 2011 they ran away from their
homes and hid in Tusarghari forest for one night but were
caught by Raj Kumari's family and relatives the next day.
The same evening a meeting of senior villagers, which is a
traditional practice of mediation in the village but which
has no legal authority, called Santa's family and blamed
them for luring Raj Kumari to marry Santa. In the meeting,
it was decided to fine Santa's family with Nepali rupees
1000 (USD 12.82) and a goat. Further, Santa and Raj Kumari
were forcibly separated and warned not to see each other in
the future.
After that incident, Raj Kumari mentally suffered from
her parents and relatives who accused her of "defaming
their family honour " by falling in love and eloping
with a Dalit boy. Under pressure, Santa and Raj Kumari ran
away and got married on 13 August 2011.
On 15 August 2011, Sete Damai, Santa's father-, his middle
son Sushil and his brother Kale were called to Raj Kumari's
house and beaten up by her family and relatives asking them
to tell where Santa had taken the girl. Raj Kumari's family
and relatives continuously threatened Santa's family. On the
same day, Santa's aunt Pabitra filed an FIR at Area Police
Office, Dailekh requesting investigation into the beatings,
legal action against the perpetrators and protection of the
victims. When the police came to investigate the case, the
perpetrators threatened the complainants that they would
kill all the family members of Sete Damai. The threats were
uttered in the presence of police but the police remained
silent and returned without investigating the case. As a
result the perpetrators were encouraged to continue their
attacks against the Damai family.
On 30 August 2011, the couple returned to Santa's home.
Knowing of their arrival in the village, a group of masked
men came to Santa's home at around 9.30 pm on the same day.
The group reportedly included nine persons including Raj
Kumari's aunt Bindakala Shahi, who hatched the plan and
other relatives Jivan Shahi, Krishana Khatri, Dilli Khatri,
Suvash KC. They attacked Santa's family. They reportedly
stabbed Santa's father Sete with a curved knife in his chest
and beat other family members. At 11 pm the same night they
informed police about the incident. It takes hardly one hour
on foot to reach the place of the incident from the police
station but the police arrived at 8 am the following
morning. Fearing further attacks from the perpetrators and
in the absence of police protection, the victim could not be
taken to hospital in the night. At around 9 am the following
morning Sete was rushed to the hospital for treatment but
the following evening he succumbed to his injuries while
undergoing medical treatment at Surkhet District Hospital.
After the postmortem of his body, Sete's body was cremated
according to Hindu rituals on 3 September 2011.
On 1 September 2011 Santa Bahadur registered the case
of murder at District Police Office, Dailekh under Section
13 (3) of the murder chapter of the Civil Code of Nepal,
1963 (Muluki Ain, 2020) against nine suspects including
Bindakala Shahi, Jivan Shahi, Krishana Khatri, Dilli Khatri
and Suvash KC. The police has arrested and put nine of the
suspects in custody of District Police Office, Dailekh for
further investigation. Five of them have been transferred to
jail for trial.
Meanwhile, it has been reported that Nara Bahadur
Damai, eldest brother of Sete Damai was ambushed and beaten
up by five masked men when he was returning from Toli Bazaar
to his home in the evening of 14 February 2012. Nara Bahadur
testified that the assailants punched and kicked him. They
further threatened to kill him with a knife saying that he
would face the same fate as his father if he reported the
incident to the police. The next day he filed an FIR in the
police station, but as the attackers were masked, the police
has not yet been able to identify them and the investigation
is under way.
After six month of registration of their inter-caste
marriage the government has not provided them rewards of
Nepali rupees 1, 00, 000.00 (US$ 1282) which according
to a government policy to promote inter-caste marriage
should be delivered to them within 30 days of marriage
registration.
Fearing security threat in the village and hopelessness
to get justice in their village, the couple has moved to
Kathmandu. Still Santa’s family is under threat by the
perpetrators.
The Asian Human Rights Commission (AHRC) has been
informed of innumerable cases of caste based discrimination
in Nepal. Though Nepal has enacted Caste Based
Discrimination and Untouchability (Offence and Punishment)
Act, 2068 (2011) and has established a National Dalit
Commission (NDC), caste based discrimination and human
rights violations committed on the basis of caste remain
pervasive in Nepal. In this case the only reason of
murder of Sete and beatings and offenses on his family was
that they belonged to the Dalit community and Santa married
to a girl from so-called upper caste community. Caste-based
discrimination was the sole motive of the crime.
In December 2011, Manbir Sunar, 31, a Dalit man from
Kalikot district was beaten to death for touching the oven
of a so-called upper caste person. Likewise, a few months
ago the relatives of a dalit groom married to a non-Dalit
bride were physically assaulted and their house was burnt
down in Darchula district. But victims of caste-based
discrimination face several hurdles in accessing justice.
The OHCRH in its report "Opening the Door to Equality:
Access to Justice for Dalits in Nepal" underlined that
low levels of awareness that caste-based discrimination is a
crime; failure of the police and courts to prosecute and
punish perpetrators and offer appropriate remedies to
victims; and the poverty of those affected by caste-based
discrimination and their dependence on non-Dalit communities
for their livelihoods are the major obstacles and challenges
to Dalit community to claim its rights.
Likewise, the police failure to act on time in the
complaints made by Pabitra, their dismissal of the threats
made in front of them to kill all the family members, their
inability to act on time in the report of mortal attack and
their lackluster investigation even after six months of the
incident put the victims frustration to get justice and
protection from the perpetrators. Likewise, despite on
time information and complaint by victim's family members
about the deadly attack on Sete's family and the immediate
treatment he needed, the police arrived after nine hours
from hardly one hour on foot distance.
In light of the pattern of improper investigations and
lack of prosecutions of previous cases of violence based on
caste in Nepal, the AHRC fears that this case will not be
properly investigated and that the perpetrators may not be
brought to justice.
In addition, in cases involving caste-based
discrimination and violence, the power relationship is
distorted in favour of the perpetrators and the complainants
routinely face harassment, threats and attacks to force them
to drop their complaints. It is the state responsibility to
balance this power relationship by protecting the victims
when they face threats to ensure that the justice process
can follow its due course. If the police lack reactivity to
the threats uttered against the victims, they may result in
further attacks and prevent the victims from getting
justice. Cases of caste-based violence in which the victims
are threatened or attacked into withdrawing their complaints
are routine in Nepal and it is the state duty to ensure this
does not happen in this case.
At the same time, the inter-caste marriage couples are
found facing adjustment problem in the society and a lack of
concrete action plan to support the couple of inter-caste
marriage by the government side has left the dalit people
vulnerable to caste based discrimination and
injustice.
Please send a letter to the authorities listed below
expressing your concern about this case and requesting an
immediate investigation into the caste based murder of Sete
Damai, beating of Nara Bahadur Damai and threat on Sete's
family by the perpetrators and the prosecution of those
proven to be responsible under the Caste Based
Discrimination and Untouchability (Offence and Punishment)
Act, 2068 and Crime against State and Punishment Act, 2046
(1989). Further, please request the authorities concerned to
provide safety and security to the victims and
eyewitnesses.
Please note that the AHRC has also written a separate
letter to the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related
intolerance on this regard requesting his
intervention.
Names of alleged perpetrators:
Place of incident: Sete Damai's home
in Teli Village Development Committee, Ward No-2, Dhanighau,
Dailekh district
I am writing to voice my deep concern regarding the
caste based murder of Sete Damai and the threat on his
family members by so-called upper caste people in Toli
Village Development Committee (VDC), Ward No-2, Dhanighau of
Dailekh district. According to the information provided by
the Asian Human Rights Commission (AHRC), Sete Damai was
stabbed to death by a gang of masked men believed to be from
the family members and relatives of Raj Kumari Shahi who got
inter-caste marriage with Sete Damai's youngest son Santa
Bahadur Damai, 22, on August 13, 2011 on mutual
consent.
According to the same information Sete and his family
members were attacked at around 9.30 pm on August 30, 2011.
The attackers accused the family of luring Raj Kumari to
marry Santa Bahadur. Wounded on his chest with a curved
knife Sete took his last breath on the hospital bed of
Surkhet District Hospital at around 9 pm the following
evening. Immediately after his admission in the hospital he
was declared dead by the doctor.
Earlier on August 15, 2011, the same group had randomly
beaten Santa and his family members asking them to tell
where Santa had taken the girl after they eloped from their
homes. Requesting for investigation into the case, legal
action against the perpetrators and protection of victims,
Sete's sister Pabitra had filed an FIR at Area Police Office
on the same day but the police who were investigating the
case didn't take action against the perpetrators but listen
quietly even when the perpetrators threatened the victims to
kill all the family members in front of them. Encouraged by
police inaction the perpetrators continuously threatened
Sete's family that resulted into Sete's death.
First time on 18 May 2011 Santa and Raj Kumari had ran
away from their homes and hid in Tusarghari forest for one
night but were caught by Raj Kumari's family and relatives
on the next day. The same evening a meeting of senior
villagers, which is a traditional practice mediation of the
village but not legal committee, called Santa's family for
the meeting and blamed the family luring Raj Kumari to marry
Santa. In the meeting, it was decided to fine Santa's family
with Nepali rupees 1000 (USD 12.82) and a goat. Further,
Santa and Raj Kumari were forcibly separated and not to see
each other in the future.
Second time, after continues mental pressure by the
family members and relatives of Raj Kumari, the couple ran
away from their homes on August 13, 2011 and got married. On
August 30, 2011 they returned to Santa's home but knowing
their return to the village, a group of masked men including
Bindakala Shahi who hatched the plan to attack Sete's
family, Jivan Shahi, Krishana Khatri, Dilli Khatri, Suvash
KC including other 9 persons came to Santa's home at around
9.30 pm on the same day and attacked on the family that lead
to death of Sete Damai.
After his father's murder, Santa, on September 1,
2011,registered the case at District Police Office, Dailekh
under Article 13 (3) of Civil Code (Muluki Ain, 2020) of
Nepal, 1963 which is concerned about right to life,
against Bindakala Shahi, Jivan Shahi, Krishana Khatri, Dilli
Khatri, Suvash KC including other 9 suspects. The police has
arrested and put nine of the suspects in custody of District
Police Office, Dailekh for further investigation. Five of
them were sent to jail for trial.
Still the threat on late Sete Damai's family continues.
As a continuation of perpetration Sete's eldest son Nara
Bahadur Damai was ambushed and beaten up by five masked men
on 14 February 2012. Nara Bahadur testified that the
assailants punched and kicked him. They further threatened
him to kill with a knife saying that he would repeat the
fate of his father if he reported the incident to the
police. The next day he filed the case at the police
station, but the perpetrators have not been
identified.
The dalits are facing problems in access to justice and
protection. The police failure to act on time in the
complaints made by Pabitra, not taking seriously to the
threat made in front of police to kill all the family
members of victim, inability to act on time in the report of
mortal attack and need of immediate medical support to the
victim, the lackluster police arrived to the incident place
only after nine hours from hardly one hour on foot distance,
lackluster investigation even after six months of the
incident put the victims into frustration to get justice and
fears reprisals from the perpetrators. The police are not
taking the complaints made of dalits until and unless there
is human loss or serious human rights violations.
Even after six month of registration of their
inter-caste marriage the government has not provided them
rewards of Nepali rupees 1, 00, 000.00 (US$ 1282) as per
government policy to promote inter-caste marriage and
support them to live respectful life by providing the amount
within 30 days of marriage registration. This is in spite of
the Finance Minister writing a letter to the Home Minister
stating that the policy is still continuing.
As the authorities concerned have failed to investigate
into the case, punish the perpetrators as per law and
provide justice and compensation to the victim, the couple
has moved to Kathmandu seeking protection, justice and
compensation. Still late Sete’s family is under threat
by the perpetrators.
In light of the pattern of improper investigations and
lack of prosecutions of previous cases of violence based on
caste in Nepal, I fear that this case will not be properly
investigated and that the perpetrators may not be brought to
justice.
In addition, in cases involving caste-based
discrimination and violence, the power relationship is
distorted in favour of the perpetrators and the complainants
routinely face harassment, threats and attacks to force them
to drop their complaints. It is the state responsibility to
balance this power relationship by protecting the victims
when they face threats to ensure that the justice process
can follow its due course. The police's lack of reactivity
to the threats uttered against the victims may result in
further attacks and prevent the victims from getting
justice. I know that cases of caste-based violence in which
the victims are threatened or attacked into withdrawing
their complaints are routine in Nepal and I am therefore of
the opinion that it is the state duty to ensure this does
not happen in this case.
Therefore, I request the government and authorities
concerned to provide protection to the victims during the
length of the judicial process and eye-witnesses and launch
a thorough and impartial investigation into the case
resulting into legal action against the perpetrators and
justice and compensation to the victims.
